[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Pages 60408-60409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24508]
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DEPARTMENT OF COMMERCE
International Trade Administration
Government Programs To Assist Businesses Protect Their
Intellectual Property Rights (IPR) in Foreign Markets: Request of the
International Trade Administration's Office of Intellectual Property
Rights, Department of Commerce
AGENCY: Office of Intellectual Property Rights, International Trade
Administration, Department of Commerce.
ACTION: Request for written submissions from the public.
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SUMMARY: The Department of Commerce invites public input and
participation in shaping government programs for protecting the
intellectual property rights of U.S. businesses, including Small- and
Medium-Sized Enterprises (SMEs), in foreign markets. As evidenced by
the launch of the President's National Export Initiative, improving
U.S. Government support for U.S. business in overseas markets is an
Administration priority. Unfortunately, American exporters face various
barriers to entry in overseas markets including barriers related to
intellectual property rights.
In coordination with the Intellectual Property Enforcement
Coordinator (``IPEC'') and to implement certain action items in the
2010 Joint Strategic Plan on Intellectual Property Enforcement
submitted to Congress by the IPEC, the Department of Commerce is
conducting a comprehensive review of existing U.S. Government efforts
to educate, guide, and provide resources to U.S. businesses that are:
1. Acquiring intellectual property rights in foreign markets;
2. Contemplating exporting intellectual property-based products or
choosing markets for export;
3. Actively entering foreign markets or facing difficulties
entering foreign markets; or
4. Encountering difficulties enforcing their intellectual property
rights in foreign markets.
The goal of the review is to improve efforts to support U.S.
businesses facing barriers related to intellectual property rights
protection and enforcement in overseas markets.
The Department of Commerce is hereby requesting written submissions
from the public. In responding, please consider the questions and
information requests posed below, but do not limit comments to these
areas.
1. Describe your level of familiarity with intellectual property
rights in general and intellectual property rights in foreign markets
in particular.
2. Identify specific challenges businesses, including SMEs, face in
protecting their intellectual property rights abroad.
3. In what countries or regions do businesses need the most
assistance protecting their intellectual property rights? In responding
please prioritize any countries identified.
4. Which specific types of intellectual property (copyrights,
trademarks, patents, trade secrets) present the most challenges to
SMEs? Should U.S. government programs focus on specific areas of
intellectual property protection?
5. Suggest particular outreach, programs or assistance that the
government can provide that would help U.S. businesses overcome those
challenges.
6. Describe your familiarity with or use of current U.S. Government
services and tools related to IPR protection and enforcement in foreign
markets, and assess their usefulness and/or gaps.
7. Assess the adequacy of the intellectual property resources,
tools, services and programs that the U.S. government currently
provides to SMEs.
8. What specific outreach formats (e.g., conferences, webinars,
publications, podcasts) work best for educating U.S. businesses on how
to protect their IPR abroad?
9. Identify specific existing programs provided by the U.S.
Government or governments of other countries that have been
particularly effective at assisting U.S. businesses with protecting
their intellectual property rights in foreign markets (including, if
possible, specific examples illustrating the effectiveness of those
methods).
10. Identify specific existing programs involving cooperation
between stakeholders and the U.S. Government (or between stakeholders
and other governments) that have been particularly effective at
assisting SMEs with the protection of their IP in foreign markets.
11. What additional role(s) should the government play in assisting
businesses with the protection of their intellectual property rights
abroad?
12. Identify additional resources and tools the U.S. Government
could provide to support SMEs as they enforce their intellectual
property rights in foreign markets.
13. Identify the most effective and efficient ways to inform U.S.
businesses of new and existing government offerings that support U.S.
businesses in their efforts to protect their intellectual property
abroad.
14. In a recent report by the International Trade Commission,
combining resources through trade associations or through less formal
groups was one strategy SMEs suggested to reduce trade barriers.
Describe ways the government can support SMEs as they pool resources to
combat infringement abroad.
DATES: Submissions must be received on or before Friday, October 29,
2010, at 5 p.m.
ADDRESSES: Comments must be in English. All comments should be sent
electronically via http://www.regulations.gov, docket number ITA-2010-
0006.
To submit comments to http://www.regulations.gov, find the docket
by entering the number ITA-2010-0006 in the ``Enter Keyword or ID''
window at the http://www.regulations.gov home page and click
``Search.'' The site will provide a search-results page listing all
documents associated with this docket. Find a reference to this notice
by selecting ``Notice'' under ``Document Type'' on the left side of the
search-results page, and click on the link entitled ``Submit a
comment.'' (For further information on using the http://www.regulations.gov Web site, please consult the resources provided on
the Web site by clicking on ``How to Use This Site'' on the left side
of the home page).
The http://www.regulations.gov site provides the option of
providing comments by filling in a ``Type comment & Upload file''
field, or by attaching a document. Attached documents are preferable.
If a document is attached, please type ``IPR Assistance Review'' in the
``Type comment & Upload file'' field. Submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf) are preferred. If the submission is in
an application other than those two, please indicate the name of the
application in the ``Comments'' field.
[[Page 60409]]
FOR FURTHER INFORMATION CONTACT: For questions on the submission of
comments, please contact Christine Peterson at (202) 482-1432 or Andrea
Cornwell at (202) 482-0998.
Publication and Confidential Information:
Submissions filed in response to this request will be made
available to the public by posting them on the Internet. For this
reason, please do not include in your comments information of a
confidential nature, such as sensitive personal information or
proprietary information. If you have confidential business information
that would support your recommendation or that you believe would help
the U.S. Government formulate an effective enforcement strategy, please
let us know, and we may request that additional information.
SUPPLEMENTARY INFORMATION: It is difficult to overstate the value of
intellectual property rights (IPR) to innovation, investment and
economic development for U.S. businesses. Intellectual property rights
are also critical to our small and medium-sized enterprises (SMEs). The
U.S. Chamber of Commerce \1\ estimates that IP-intensive industries
employ 18 million Americans, and the Small Business Administration has
estimated that SMEs alone employ half of Americans and account for 65
percent \2\ of new jobs. The theft of IP from SMEs is a serious matter,
as it stifles innovation, slows economic growth, weakens the
competitiveness of U.S. employers, and threatens American jobs.
Intellectual property theft at the hands of foreign companies,
consumers, and even governments, has an adverse impact on all IP-based
innovation and economic success. SMEs are particularly vulnerable
because they are at a distinct disadvantage when confronting these
difficulties in foreign markets. The Department of Commerce's
priorities include ensuring that intellectual property remains a viable
driver or innovation, and that our IP-based industries can compete
effectively in the international marketplace. Commerce Bureaus, namely
the U.S. Patent and Trademark Office (USPTO) and the International
Trade Administration (ITA), work alongside the IPEC and the agencies
involved in intellectual property rights enforcement to help businesses
secure and enforce intellectual property rights at home and abroad.
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\1\ Global Intellectual Property Center, Intellectual Property:
Creating Jobs, Saving Lives, Improving the World, 2009.
\2\ Karen Mills, Administrator of the U.S. Small Business
Administration (SBA), speech at ``Jobs on Main Street, Customers
Around the World'' event hosted by USTR 01-21-10.
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To educate and assist all businesses, and SMEs in particular, the
Department of Commerce has developed a number of IPR tools and
resources. ITA, on behalf of U.S. intellectual property agencies,
launched a Web site in 2004 (http://www.stopfakes.gov) to provide
updates and links to Executive Branch IPR programs. On the Web site,
there are additional resources for businesses such as an online IPR
tutorial, which is available in three languages, country-specific IPR
toolkits and links to other resources such as the American Bar
Association's International IP Advisory Program. The site also allows
businesses to file complaints about IPR-related trade problems, which
are answered by a trade specialist from ITA. The Department of Commerce
also established the 1-866-999-HALT hotline answered by PTO IPR
experts, who work with ITA's Office of Intellectual Property Rights
(OIPR) to help businesses secure and enforce their IPR through
international treaties. Though this list is non-exhaustive, U.S.
agencies recognize that there may be additional government tools and
support on IPR protection and enforcement that could assist U.S.
exporters.
Dated: Friday, September 24, 2010.
Eileen Hill,
Acting Deputy Assistant Secretary, Trade Agreements and Compliance,
Market Access and Compliance, International Trade Administration, U.S.
Department of Commerce.
[FR Doc. 2010-24508 Filed 9-29-10; 8:45 am]
BILLING CODE 3510-DA-P